California Child Custody Legal Questions

If you will test clean then cooperate fully with the Department.  You are testing voluntarily, she cannot force you to test at this point with no case being opened, but your goal is to convince her that the reporter is not credible and to go away and that goal won't be served by being evasive.  Once the social worker determines that the reporting party is not credible this may serve to protect you against future false reports.  ... Read More

If there are no court orders in place, he could walk away with the child.  If you then called the police, depending on the circumstances, the police may return the child to you (i.e., if the child is very young and it is clear to the police that the child has been living with you).  You should file an action under the Uniform Parentage Act (the body of law that governs unmarried parents) to seek a custody order.  ... Read More

You need to file a motion so that the court order reflects what you want.  You can hire a lawyer or go to the courthouse in your county and see the Family Court Facilitator.  That person is a lawyer, but there is no fee for that person to help you with the process.  You will be referred to Family Court Services after your motion is filed, and you can explain to the mediator what you want and why, and the mediator will send a report and recommendation that the judge will have before the hearing.... Read More

Great question. There may not technically be a law called grandparents rights because the rights extend to other persons who are non-parents. There is a law that grandparents can use in limited circumstances to request visitation if the requirements are met. You should consult with an attorney to evaluate your particular circumstances.... Read More

You cannot terminate the biological father's parental rights unless you are looking to replace them with another parent's - i.e. a step-parent/second-parent adoption.  The courts will not want to leave the child with only one parent required legally to provide for her.  However, you could obtain sole legal custody if you proceed through the family court system, or if the father will agree.  This would allow you to make decisions for the child without interference, but would still require the father to support the child. Please know that often this does prompt the absent parent to suddenly want to become involved - so you will have to determine whether this is likely in your case or not.  If there is something that the father wants that will cost you very little, perhaps you can bargain for sole custody.  Best of luck to you.... Read More

Are they together or separated? If they are separated he should move for an order for joint legal and joint physical custody NOW, as well as an order restraining Wife from leaving California with the child.  There are also child abduction orders that can be issued further protecting the father from becoming embroiled in a lengthy international custody dispute.  Is the father on the birth certificate? Does the child have a passport? These are other considerations that need to be addressed. I would suggest that he meet with an attorney to get better guidance going forward. ... Read More

It is unlikely that the court will tell the father he is out of luck and can never see his son again.  I know that this process is frustrating - but he's the child's father and the court will not want to shut the door on him completely.  However, three years is a LONG time.  Your position that no visits should occur in California right now, when you don't know his address and he is a virtual stranger to the child, is a reasonable one.  But you should consider what you would actually agree to, and perhaps talk it over with the child's therapist.  If a child interview will not help because your son will not be strong enough to share his true feelings, perhaps the therapist would write a declaration for you. Best of luck. ... Read More

It depends on whether you want to stay together or not.  I assume not.  You then have two options.  You can file a court proceeding and request that Father have supervised only visitation due to his decision to expose the baby to two men who have a history of sexually abusing children.  You can also file a restraining order protecting the baby from the two uncles.  I would suggest that you meet with an attorney in person to determine how best to proceed.  I am very sorry that you find yourself in this extremely difficult position during your pregnancy. Good luck to you. ... Read More

It depends on what the mediation agreement says about positive drug tests.  If it is silent as to drug use or testing, you can file an ex parte Request for Order for full custody pending a new court date.  If available, you may also ask for the other party to only have supervised visits once or twice a week with an organization that provides those services until the hearing.   ... Read More

Lawyers.com isn't set up to resolve emergency cases.  You need to meet with an attorney in person ASAP.  I think pursuing the case through CPS is a very good first step, as is getting the kids in counseling, and pushing for the appointment of minors' counsel or a child custody evaluator.  You need someone else on your side.  I wish you all the best in resolving this sad situation and I hope the children get the help they need. ... Read More

I am so sorry that you are in this situation.  Being pregnant is stressful enough without all of this worry added to your plate! I will do my best to answer your questions and I hope that it helps relieve your concerns:  1) Yes you can move, and in fact it will be much easier for you to do so now than it will be after you give birth and there is a custody action filed. 2) Assuming your boyfriend is a reasonably fit parent, he will most likely be granted joint legal and physical custody of the baby and some type of visitation.  It is very unlikely that he will have overnight visitation while the baby is still an infant.  If you are breastfeeding the baby the court will also support your ability to do so. His visitation/parenting-time will increase as the baby gets older and is more able to spend time away from you.  3) Child care costs will be shared jointly.  You can object to his mother caring for the baby for the reasons you have identified.  Courts will typically allow each parent to make decisions regarding child care while the child is in his/her household.  So while the baby is primarily in your care, you will have a fair amount of control over making this decision and he will still have to share in the expense.  4) You do not have to let him see the baby whenever he wants. You will reach an agreement either out of court (hopefully) or in court regarding what his visitation schedule will look like.  I would strongly recommend that you suggest to him that you both sit down with a mediator to figure out a developmentally appropriate visitation plan that takes into account the infant's need for stability and continuity of care as well as his/her need to bond with both parents.  The mediator may be a family law attorney or a therapist.  Leaving these decisions up to the courts is not the best situation and can leave you both feeling out of control and hurt.  You will each want to denigrate the other parent to gain advantage which is the absolute worst way to start off your co-parenting relationship.  Best of luck to you! ... Read More

No. A child cannot change her last name legally without the consent of her legal parents. Generally, she should not be using a name other than her legal name for school, that includes her step-father's last name. Of course, what is permitted depends on the specific facts of the case so the answer is limited by the limited information in the question. There could be facts which would suggest a different answer. For an accurate answer it is best to consult an attorney with the complete facts of the case.... Read More

Yes. As long as he is acting on her behalf and at her request he can represent her in order to contact you on a limited scope. A substitution of attorney is primarily for the court. Though, you should request some confirmation that he is, in fact, representing her and contacting you at her request. You can also request that he provide you with a Notice of Limited Scope, if you would like to be sure.... Read More